The Family Proceedings (Amendment No. 2) Rules (Northern Ireland) 2005

Amendment to the 1996 Rules

58.  In rule 2.73 (Pensions)—

(a)for paragraph (2) substitute—

“(2) Within seven days of the notice in Form M13 or M15, as the case may be, having been filed—

(a)in a matrimonial cause, the party with pension rights, and

(b)in a civil partnership cause, the civil partner with pension rights,

shall request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc (Provision of Information) Regulations (Northern Ireland) 2000(1)”;

(b)in paragraph (3)—

(i)after “the party with pension rights” insert “or the civil partner with pension rights, as the case may be,”; and

(ii)after “other party” insert “or other civil partner”;

(c)in paragraph (4), after “the party with pension rights” insert “or the civil partner with pension rights”;

(d)in paragraph (6), for “including provision to be made under Article 26A (pension sharing) of the Order of 1978, or upon adding a request for such provision” substitute “which includes a request for a pension sharing order or upon adding such a request”;

(e)in paragraph (7)—

(i)for “including the provision to be made under Article 27B or 27C (pension attachment) of the Order of 1978, or upon adding a request for such provision” substitute “which includes a request for a pension attachment order, or upon adding such a request”; and

(ii)in sub-paragraph (b), after “the Divorce etc. (Pensions) Regulations (Northern Ireland) 2000” insert “or the Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005(2), as the case may be,”;

(f)in paragraph (8)—

(i)for “the applicant”, the first time it appears, substitute “the party with pension rights or the civil partner with pension rights, as the case may be,”; and

(ii)for “the applicant”, the second time it appears, substitute “that party or civil partner”;

(g)in paragraph (9), for “the applicant” substitute “the party with pension rights or the civil partner with pension rights, as the case may be,”;

(h)in paragraph (10), for “the applicant” substitute “the party with pension rights or the civil partner with pension rights, as the case may be,”;

(i)in paragraph (11)—

(i)omit the words “to the marriage”; and

(ii)for “including provision under Article 26A (pension sharing) of the Order of 1978” substitute “which includes a pension sharing order”;

(j)in paragraph (12), for “including provision under Article 27B or 27C (pension attachment) of the Order of 1978” substitute “which includes a pension attachment order”;

(k)in paragraph (14), for “including provision under Article 26A (pension sharing), 27B or 27C (pension attachment) of the Order of 1978” substitute “which includes a pension sharing order or a pension attachment order”;

(l)in paragraph (15)—

(i)for “Where provision is made under Article 26A (pension sharing) of the Order of 1978” substitute “Where an order for ancillary relief includes provision by way of pension sharing”;

(ii)in sub-paragraph (b), after “the Order of 1978” insert “or Part 3 of Schedule 15 to the Act of 2004”;

(iii)in sub-paragraph (h), for “under Article 26A of the Order of 1978” substitute “by way of pension sharing”; and

(iv)in sub-paragraph (j), for head (ii) substitute—

“(ii)in a matrimonial cause, the decree of divorce or nullity of marriage or, in a civil partnership cause, the conditional order of dissolution or nullity of the civil partnership.”;

(m)in paragraph (16)—

(i)for “Where provision is made under Article 27B or 27C (pension attachment) of the Order of 1978” substitute “Where an order for ancillary relief includes provision by way of pension attachment”;

(ii)in sub-paragraph (b), after “the Order of 1978” insert “or paragraph 20 or 21 of Schedule 15 to the Act of 2004”;

(iii)in sub-paragraph (c)—

(aa)after “the party with pension rights” insert “or the civil partner with pension rights”; and

(bb)after “the other party” insert “or other civil partner”;

(iv)in sub-paragraph (d), after “the party with pension rights” insert “or the civil partner with pension rights”;

(v)in sub-paragraph (e), after “the party with pension rights” insert “or the civil partner with pension rights”;

(vi)in sub-paragraph (f)—

(aa)after “the Order of 1978” insert “or paragraph 20(2) of Schedule 15 to the Act of 2004”; and

(bb)after “the party with pension rights” insert “or the civil partner with pension rights”; and

(cc)after “the other party” insert “or other civil partner”;

(vii)in sub-paragraph (g), after “the Order of 1978” insert “or paragraph 20 or 21 of Schedule 15 to the Act of 2004”;

(viii)in sub-paragraph (h), after “Divorce etc. (Pensions) Regulations 2000” insert “or the other civil partner under The Dissolution etc. (Pensions) Regulations (Northern Ireland) 2005”;

(ix)in sub-paragraph (i)—

(aa)after “the other party” insert “or the other civil partner”; and

(bb)omit “and”; and

(x)in sub-paragraph (j), after “the other party” insert “or the other civil partner”.

(n)in paragraph (17)—

(i)for “an order including provision under Article 26A, 27B or 27C of the Order of 1978” substitute “a pension sharing order or a pension attachment order”;

(ii)after “send” insert “, or direct one of the parties to send”;

(iii)for sub-paragraph (a) substitute—

“(a)a copy of—

(i)the making of the relevant pension sharing or pension attachment order; or

(ii)in a civil partnership cause, the conditional order of dissolution, nullity of civil partnership or the order of separation;”; and

(iv)for sub-paragraph (b) substitute—

“(b)in the case of—

(i)divorce or nullity of marriage, a copy of the certificate under rule 2.54 that the decree has been made absolute; or

(ii)dissolution or nullity of civil partnership, a copy of the certificate under rule 2.54 that the conditional order has been made final; and”;

(o)for paragraph (18) substitute—

“(18) The documents referred to in paragraph (17) shall be sent—

(a)in a matrimonial cause, within 7 days after—

(i)the making of the relevant order; or

(ii)the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later; and

(b)in a civil partnership cause, within 7 days after—

(i)the making of the relevant order; or

(ii)the final order of dissolution or nullity or order of separation,

whichever is the later.”;

(p)in paragraph (19)—

(i)in sub-paragraph (a)—

(aa)at the beginning insert “in a matrimonial cause,”; and

(bb)omit “and”;

(ii)after sub-paragraph (a) insert—

“(aa)in a civil partnership cause, all the words and phrases defined in paragraphs 11(4) and (5) and 24 of Schedule 15 to the Act of 2004 have the meanings assigned by those paragraphs;”; and

(iii)after sub-paragraph (b) insert—

“(c)pension sharing order means—

(i)in a matrimonial cause, an order making provision under Article 26A of the Order of 1978; and

(ii)in a civil partnership cause, an order making provision under paragraph 10 of Schedule 15 to the Act of 2004; and

(d)pension attachment order means—

(i)in a matrimonial cause, an order making provision under Article 27B or 27C of the Order of 1978; and

(ii)in a civil partnership cause, an order making provision under paragraphs 20 and 21 of Schedule 15 to the Act of 2004.”.